Roger Goodell files for dismissal of Jonathan Vilma's lawsuit

NFL Commissioner Roger Goodell filed for dismissal of Jonathan Vilma's defamation suit against him Thursday on the grounds that his claim is preempted by federal labor law. Later that day, Vilma filed an amended complaint and a motion for a temporary restraining order against his 2012 season suspension.

In the suit, the NFL says that Vilma's defamation claims, which are all made under state law, are preempted by Section 301 of the Labor Management Relations Act, which says that a collective bargaining agreement should be interpreted by a governing body, rather than "50 states' respective interpretation of state law."

The league also alleges that Vilma's suit is barred by the CBA's "no-suit" clause, which bars players from filing lawsuits against the NFL. Finally, the league argues that Vilma is a public figure and that the evidence he provides falls short of that needed to prove defamation.

The CBA and Constitution and Bylaws also make clear that the Commissioner is expressly authorized to suspend a player for conduct detrimental to the League," the NFL says in the suit. "... And, under the CBA and Constitution and Bylaws, the Commissioner is expressly authorized to take action to preserve "public confidence" in the game of professional football, as well as the integrity of the game, which necessarily includes providing some information to the public about the reasons for any disciplinary action taken."

"Jonathan's defamation lawsuit focuses exclusively on statements Mr. Goodell has made publicly and outside the confines of the CBA," Vilma's attorney, Peter Ginsberg, said via email. "Mr. Goodell cannot escape responsibility for those public statements based on an argument that statements in a different forum and in a different context might have avoided judicial scrutiny. Mr. Goodell, like all citizens, must abide by certain standards and laws. Having the title of 'Commissioner' does not provide Mr. Goodell with a license to make the accusations and allegations he has made against Jonathan in public forums without facing the same scrutiny as other citizens."

Ginsberg took a cue from the NFL Player's Association, which sought a temporary restraining order in its lawsuit filed against the NFL Thursday morning. His motion alleged that Vilma would suffer "irreparable harm" if a restraining order is not granted.

"Under the terms of the suspension, Vilma is prevented from participating in any activities with the Saints, including going to the training facility for rehabilitation and conditioning," Ginsberg says in the suit. "Vilma suffered a serious injury during the 2011 season and must continue his rehabilitation in order to be sure to continue working in his chosen profession. Saints trainers, doctors and coaches are vital to that process."

Vilma filed his second suit against the NFL on Saturday. Both cases are assigned to Judge Helen Berrigan, who consolidated the two filings on Tuesday.

Goodell suspended Vilma for the 2012 season after the NFL concluded that he played a leading role in a pay-for-performance bounty program that the league said took place during former defensive coordinator Gregg Williams' tenure from the 2009-11 seasons.